Bristol and Plymouth county sheriffs join call to revisit PROTECT Act limit on release notices to ICE

SOUTH COAST Twelve Massachusetts sheriffs, including Bristol County Sheriff Paul Heroux and Plymouth County Sheriff Joseph McDonald, have asked Gov. Maura Healey to change a part of the state's new PROTECT Act that bars jails from giving federal immigration agents advance notice when some people held before trial are released. The request reached the governor's race Tuesday, Oct. 27, when Republican candidate Mike Minogue said the Democratic governor was ignoring it, and Healey said she would keep talking with the sheriffs.

The sheriffs made the request in a letter to Healey dated Thursday, Oct. 22, State House News Service reported in a story published by Fall River Reporter. They wrote that some people in their custody are subject to immigration detainers, are charged with qualifying violent or dangerous offenses and have bail set below $1,000. "These individuals may be released without advance notification to relevant federal law-enforcement partners, potentially, posing a threat to our communities," the letter said.

The sheriffs asked the administration to "review this issue and consider a legislative, regulatory, or administrative solution that permits limited, public safety-based notification when a pretrial detainee is subject to a detainer and is charged with a qualifying violent and dangerous offense." Besides Heroux and McDonald, the letter was signed by the sheriffs of Berkshire, Dukes, Essex, Franklin, Hampden, Hampshire, Nantucket, Norfolk, Suffolk and Worcester counties, the News Service reported.

What the law says

Healey signed the law, Chapter 163 of the Acts of 2026, on Aug. 5. Its formal title, An Act Promoting Rule of Law, Oversight, Trust and Equal Constitutional Treatment, spells out the PROTECT name. Under the act's own terms, the section covering police departments, sheriffs' departments and the courts took effect 30 days after the act did.

Under that section, officers and employees of law enforcement agencies and the courts may not knowingly give a federal immigration authority a person's nonpublic personal information, the person's custody status or advance notice of the person's release, unless federal or state law requires it, a judge's warrant, a court order or a treaty allows it, or it is allowed by an agreement under section 287(g) of the federal Immigration and Nationality Act or another valid intergovernmental agreement allowed under state law.

Beyond those general exceptions, the ban on advance notice of a release carves out one case: release at the completion of a sentence for listed crimes, which are violent felonies that cause serious bodily injury, sex offenses, serious drug offenses involving class A or class B narcotics, some firearms offenses and offenses involving abuse. The sheriffs' letter concerns people held before trial. Without a judge's warrant or court order, or a requirement in federal or state law, the law also bars holding anyone solely on an immigration detainer past the time they would otherwise be eligible for release.

The act created a state commission on immigration matters that runs for three years, with one seat appointed by the Massachusetts Sheriffs' Association.

What the sheriffs and the candidates said

McDonald, one of two Republicans who signed the letter, appeared with Minogue at the State House on Tuesday. "I'm not here to try and make this into something political because I believe it is very dangerous when you mix politics with public safety," he said, according to the News Service. "The big problem that I am here to talk about with the PROTECT Act is the fact that it precludes communication between local law enforcement, here in particular the sheriffs and our employees, and our federal law enforcement partners, specifically those at ICE." He also said the Legislature "engaged in a very thoughtful process, a very deliberative process," but that the final version "didn't necessarily reflect all of what I think was contained within that deliberative process."

Minogue said the clause is "something that does not keep our people safe. It's the lowest element of party politics, and it shows that the one-party system has lost common sense, doesn't care about the safety of our people, and is doing whatever they can to cause fear and chaos." He called on Healey and lawmakers to "listen to our sheriffs, work with them immediately on these concerns before creating potential gaps in public safety." Asked whether Minogue would repeal the law if elected, campaign spokeswoman Elizabeth Hopkins said, "Mike's position is that because the PROTECT Act contains a provision preventing sheriffs from cooperating with other agencies, it creates serious public safety issues. Mike has made clear that, as governor, he would listen to law enforcement, public safety experts, and sheriffs, and work to address those grave concerns."

Healey, speaking to reporters in Weymouth, said she would "continue to talk with the sheriffs" about their concerns. "The bottom line is I'm going to do everything I can to keep people safe here, and I'm going to continue to do everything I can to work with public safety officials, with law enforcement, as I've done throughout my career, and my administration will continue to do that," she said. "Right now, we wouldn't need the PROTECT Act if ICE wasn't doing what it's doing throughout communities in Massachusetts and in states around this country, and it's part of a failed agenda by Donald Trump." She added, "My opponent will repeal the PROTECT Act and wants to double down on ICE's involvement in Massachusetts. That doesn't make us safe."

Hours after Minogue spoke, the Healey campaign announced the endorsement of the 12 Democratic sheriffs, the News Service reported. That group is not the same as the 12 who signed the letter, two of whom are Republicans. Their release said, "While the PROTECT Act presents some challenges for our Sheriffs' offices, we are confident that through continued collaboration with Governor Healey and Lt. Governor Driscoll, we can work together to refine the legislation, address our concerns, and find practical solutions that protect the rights and dignity of individuals while ensuring the safety and security of our correctional facilities, staff, and the communities we serve."

What happens next

The sheriffs named three routes to a change: a new law, a regulation or an administrative step. Voters choose between Healey and Minogue on Tuesday, Nov. 3. Polls close at 8 p.m.

Label: Reported by us, from the town's posted records.